Adverse Possession

Question 1

Adverse Posession

Answer 1

1. Continuous
2. Open and notorious
3. Exclusive (cannot share with true owner)
4. Hostile (cannot have true owner’s consent)

Question 2

Tacking

Answer 2

an adverse possessor may tack on the time that a prior adverse possessor had possessed the land to his own time to reach the statutory period

Question 3

Failure to record an interest acquired by adverse possession

Answer 3

the adverse possessor will prevail over a subsequent bona fide purchaser who complies with the recording act because there is no document that the interest holder could record.